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HomeMy WebLinkAboutCC Resolution 10359 (1 Thorndale Dr. Permit)RESOLUTION NO. 10359 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR 1 THORNDALE DRIVE (ED98-123) APN 175-360-04 The City Council of the City of San Rafael finds and determines that: WHEREAS, on November 30, 1998, an application was submitted for an Environmental and Design Review Permit (ED98-123) for a 24,000 square foot conversion of interior parking to office space located at 1 Thomdale Drive; and, WHEREAS, this application and the accompanying General Plan Amendment (GPA98- 2) are intended to satisfy the terms of an agreement between the City of San Rafael and the previous owner of the property (Quail Hill, Inc.) dated August 3, 1981, which stated that the owner of the property would be permitted to convert 24,000 square feet of interior parking into office space; and WHEREAS, upon review of the subject application and preparation of an initial study, no environmental impacts were anticipated to result from allowing the 24,000 square foot conversion of parking area to office space; therefore, a negative declaration was prepared for the project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the San Rafael Design Review Board considered the Environmental and Design Review Permit (ED98-123) for lighting and landscape improvements to the existing site on January 5, 1999, at a regularly scheduled meeting and recommended approval to the Planning Commission subject to final submittal of landscaping and lighting design; and WHEREAS, the San Rafael Planning Commission considered the General Plan Amendment (GPA98-2) and Environmental and Design Review Permit (ED98-123) for a 24,000 square foot conversion of interior parking to office space on January 12, 1999, at a regularly scheduled meeting, accepting public testimony and the written report of the Community Development Department; and WHEREAS, on January 12, 1999, the Planning Commission recommended to the City Council adoption of a Negative Declaration for GPA98-2 and ED98-123 in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, on January 12, 1999, the San Rafael Planning Commission adopted a resolution recommending the City Council approve the General Plan Amendment (GPA98-2) and Environmental and Design Review Permit (ED98-123) for a 24,000 square foot conversion of interior parking to office space; and WHEREAS, on January 19, 1999, the City Council held a duly noticed public hearing on the proposed Negative Declaration, General Plan Amendment, and Environmental and Design Review Permit (ED 98-123), accepting public testimony and the written report of the Community Development Staff; and WHEREAS, by separate resolution the City Council adopted the Negative Declaration and General Plan Amendment (GPA98-2) for the project. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Environmental and Design Review Permit based on the following findings: FINDINGS (ED98-123) 1. The project design is in accord with the objectives of the Zoning Ordinance because the project is consistent with the design criteria contained in Chapter 5 (Commercial and Office Districts) and Chapter 25 (Design Review Permits) of the Zoning Ordinance. 2. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the Office district in which it is located because the project lighting illuminates the site for safety yet does not to produce glare onto adjacent properties; the landscape plan compliments the building and surrounding area; and, the Design Review Board has reviewed and endorsed the project. 3. The project design will minimize environmental impacts and will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity because the project is compatible with the surrounding land uses and has been reviewed by the appropriate City departments and has been conditioned accordingly. 4. The initial study indicates that no environmental impacts are anticipated to result from the 24,000 square foot conversion of parking area to office space. Therefore, a negative declaration has been adopted for the project in accordance with the California Environmental Quality Act (CEQA). BE IT FURTHER RESOLVED that the City Council approves the Environmental and Design Review Permit based on the conditions attached as Exhibit A to this resolution. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on Tuesday, the nineteenth of January, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE` M. LEONCINI, City Clerk EXHIBIT A - CONDITIONS OF APPROVAL Environmental and Design Review Permit 98-123 Planning Division 1. This Environmental and Design Review Permit approves the design modifications to the existing building located at 1 Thorndale Drive as shown on the plans submitted November 18, 1998, prepared by Hannum Associates. Any future additions, expansions, exterior remodeling, etc., shall be subject to review by the Community Development Department to determine the appropriate hearing body. 2. Consistent with General Plan 2000 Policy C-22, the property owner/tenants shall be required to implement a Transportation Systems Management Program (TSM). Prior to issuance of a building permit, a detailed TSM Program shall be submitted to the Community Development Director for review and approval. The Program shall include the following information: • Total number of current employees at the site and survey information on where all such employees reside. • Methods of traffic management that are imposed such as telecommuting, satellite offices, staggered work hours, preferential parking, car pooling, public transit use and employee incentive for implementation. • Status report on the number of employees using methods of traffic management and other measures employed that would determine the success of the program. Thereafter, the TSM Program shall be submitted on an annual basis for monitoring purposes. The Program shall be required to be implemented through the life of the use, regardless of the number of tenants or change in ownership. The Program shall be managed and monitored by the office owners or management. 3. Prior to issuance of a building permit, the applicant shall submit a final landscaping and lighting plan to the DRB for review and approval. The landscape plan shall include the following items as discussed at the January 5, 1999, DRB meeting: additional landscaping at the intersection of Thorndale and Northgate Drive, additional landscaping to soften the terraced hillside, and additional landscaping along the structure itself. The plan shall include removal of the existing pampas grass and scotch broom, and increase the proportion of native species in the plant list. 4. Final determination in regards to exterior lighting fixture design shall be subject to DRB review and approval prior to issuance of a building permit. Any modification to the exterior lighting shall be reviewed and approved by the Community Development Director and, if deemed necessary, may refer any modifications to the Design Review Board. 5. All landscape plans shall meet the requirements of the Marin Municipal Water District (N vIWD). The plans shall be submitted to MMWD for review and approval. 6. A two year landscaping bond shall be posted, or other method acceptable to the Community Development Director, to insure that all landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. 7. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris in perpetuity. 8. All landscaping shall be installed prior to the occupancy of the area converted to office space or the property owner shall post a bond in the amount of the estimated landscaping cost with the City of San Rafael. 9. After the issuance of business license and commencement of operations, all exterior lighting shall be subject to a 30 day lighting level review by the Community Development Department staff to insure compatibility with the surrounding area. 10. This design review approval is valid for a period of two years or until January 19, 2001, and shall be null and void unless a building permit has been issued or a time extension has been applied for. Planning Division/Public Works Department 11. The shuttle program shall be in effect when the building is occupied at 60% or more and its operations shall be fully documented in writing provided to the Community Development Department and the Public Works Department. Data to be collected in the documentation shall include operation hours, route, stop locations, number of passengers and any significant disruptions or delays in service. The shuttle route shall be as outlined in Exhibit C to the Planning Commission staff report and the shuttle shall operate without a ridership fee for two hours in the am peak and two hours in the pm peak at approximately 15 minute intervals. Any modifications to the route or intervals require the prior approval of the City's traffic engineer. The shuttle shall continue to be operated unless the applicant is released from this obligation as described in Condition 15. 12. Prior to initial tenant occupancy, a shuttle operation program shall be submitted to the Community Development Director for review and approval. The program shall include a public outreach and publicity program, and include information on the type of shuttle proposed to be operated. The program shall be in effect as long as the shuttle is in operation. 13. Traffic mitigation fee collection shall be suspended for a period of 12 months commencing when the building is occupied at 60% or more. At that time, a study shall be prepared to determine the operational effectiveness of the shuttle. The consultant and the scope of work shall be selected by the City and paid for by the property owner. 14. The City shall review the traffic study to determine whether the shuttle has reduced trips consistent with the traffic study prepared for the project by DKS on January 6, 1999. If the City, in its sole judgment, determines that the shuttle has not been fully effective, it shall impose a traffic mitigation fee for the additional project trips the traffic study indicates have not been offset by the shuttle. The traffic mitigation fee shall be based on the traffic mitigation fee rate per trip applicable as of January 19, 1999. 15. Within 45 days following the effective date of ED98-123, City staff and the applicant shall propose for review and approval of the Planning Commission reasonable benchmark standards by which the cost effectiveness of the shuttle may be measured, including ridership standards. If the shuttle does not perform as expected and the applicant at any time after 12 months of operation believes it is not cost effective to continue its operation, the matter shall be referred to the Planning Commission. These benchmark standards shall be used by the Commission in determining whether the applicant is to be released from the obligation to operate the shuttle, unless the Planning Commission finds that the applicant has not made a good faith effort to operate the shuttle as required by these conditions. Traffic mitigation fees based on the traffic mitigation fee rate per trip applicable as of January 19, 1999 will be assessed if the shuttle is discontinued based on the number of trips estimated to be offset by the shuttle as shown in the January 6, 1999 traffic study prepared by DKS. Building and Safety Division 16. Disabled access shall be provided. 17. The proposed access lift at the building entry shall be usable by the disabled without assistance. Las Gallinas Valley Sanitary District 18. Prior to occupancy, the project must make satisfactory arrangements with the sanitary district for the construction of any off-site or on-site sewers which may be required.